PART 1 - MOTOR VEHICLES

SCHEDULE A

The minimum off-street parking requirement for a use is the sum of the parking requirements for the activities on the site, in accordance with the following table:

SCHEDULE B

The director shall determine the minimum off-street loading requirement for a use that is subject to this schedule. In making a determination, the director shall consider the requirements applicable to similar uses, the location and characteristics of the use, and appropriate traffic engineering and planning data.

SCHEDULE C
Off-Street Loading Requirement

Source: Section 13-5-107; Ord. 990225-70; Ord. 990520-38; Ord. 000511-109; Ord. 000831-65; Ord. 010426-48; Ord. 020627-Z34; Ord. 031120-44; Ord. 031211-11; Ord. 040617-Z-1; Ord. 20110210-018; Ord. 20121108-057; Ord. 20130523-104; Ord. 20140417-082, Pt. 2, 4-28-14; Ord. No. 20151119-080, Pt. 3, 11-30-15; Ord. No. 20231102-028, Pt. 54(Exh. A), 11-13-23; Ord. No. 20240201-035, Pt. 5(Exh. A), 2-12-24.

In this chapter:

(1)

BILLIARD PARLOR is an establishment that devotes over 50 percent of its gross floor area to tables and playing area intended for billiards, pool, snooker, or similar games.

(2)

BOWLING ALLEY is an establishment that devotes over 50 percent of its gross floor area to bowling lanes, equipment, and playing area.

(3)

DRIVE-THROUGH LUBRICATION SERVICE is an establishment primarily engaged in the provision of lubricants, including oil change facilities, to motor vehicles by means of drive-through service bays. The term excludes service stations primarily engaged in the dispensing of motor fuel.

(4)

FURNITURE OR CARPET STORE is an establishment engaged in the sale or service of home or office furnishings or carpeting. The term excludes furniture or carpet departments of general retail stores, furniture rental establishments, and establishments engaged primarily in the sale or service of specialty household furnishings including lighting fixtures, mirrors, antiques, appliances, or household electronic equipment.

(5)

GROSS LEASABLE AREA is the total floor area designed for tenant occupancy in a shopping center or regional shopping mall, including areas used for storage and areas within mall walkways that are used for sales. The area of tenant occupancy is measured from the center lines of joint partitions to the outside of the tenant walls.

(6)

LIVE THEATER is a building or structure, the primary purpose of which is the commercial presentation of plays or other dramatic performances to an audience.

(7)

MEDICAL FACILITY means a building or structure where the primary purpose is for:

(a)

hospital services (general);

(b)

hospital services (limited); or

(c)

medical offices, if the building or structure is a walk-in clinic being used for the consultation, diagnosis, therapeutic, preventative, or medical care for minor illnesses and injuries.

(8)

MOTION PICTURE THEATER is a building or structure, the primary purpose of which is the commercial presentation of motion pictures to an audience.

(9)

PEDESTRIAN ENTRANCE means a functional entrance or door that is publicly accessible and designed for pedestrian use.

(10)

REGIONAL SHOPPING MALL means a single building containing over 600,000 square feet of gross leasable area and enclosing two or more stores with main entrances from a covered common pedestrian area. Typical uses include general retail sales (general), general retail sales (convenience), food sales, personal services, and restaurants.

(11)

SHOPPING CENTER is a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit. Typical uses in a shopping center include general retail sales (general), general retail sales (convenience), food sales, personal services, and restaurants.

(12)

SITE IMPROVEMENT means an improvement or facility for the primary use, operation, safety, or other benefit of a development for which the developer or property owner is solely responsible under applicable development regulations.

(13)

SYSTEM IMPROVEMENT means an improvement or facility that is not a site improvement.

(14)

TRANSPORTATION PLAN means the Austin Metropolitan Area Transportation Plan, or its successor plan, and other multi-modal transportation plans referenced in the Imagine Austin Comprehensive Plan, including the CAMPO Mobility Plan, Sidewalk Master Plan, Bicycle Plan, Urban Trails Plan, and adopted corridor plans.

(15)

TRANSPORTATION SYSTEM means an individual component of the overall transportation network designed for the movement of people and goods, including arterials and collector streets, sidewalks, trails, and other multi-modal transportation facilities identified in the Transportation Plan.

Source: Section 13-5-95.1; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170302-077, Pt. 1, 3-13-17; Ord. No. 20241212-074, Pt. 1, 12-23-24.

(A)

A type 1 driveway approach is a concrete driveway approach that provides access from a roadway to property on which a one or two family residence is located.

(B)

A type 2 driveway approach is a concrete driveway approach that provides access to property used for a purpose other than a one or two family residence.

Source: Section 13-5-61; Ord. 990225-70; Ord. 030306-48A; Ord. 031211-11.

In this title:

(1)

SMART GROWTH CORRIDOR is an area identified as a "smart growth corridor" in a neighborhood plan adopted by council.

(2)

SMART GROWTH NODE is an area identified as a "smart growth node" in a neighborhood plan adopted by council.

Source: Ord. 000406-83; Ord. 031211-11.

(A)

Title 30 (Austin/Travis County Subdivision Regulations) prescribes transportation requirements for a subdivision in the portion of the city's extraterritorial jurisdiction that is within Travis County.

(B)

Title 30 (Austin/Travis County Subdivision Regulations) supersedes this chapter to the extent of conflict.

Source: Ord. 031211-42.

(A)

Except as provided in Subsection (B), this article applies to land for which an owner files an application for:

(1)

zoning or rezoning;

(2)

preliminary plan or final plat approval; or

(3)

site plan approval.

(B)

This article does not apply to an application for:

(1)

a minor revision of an approved site plan;

(2)

a development permit for a lot in the extraterritorial jurisdiction of the City; or

(3)

a site plan application for a developed property or a site plan revision application for a property with an approved site plan that is filed to relocate facilities from an area of the property to be condemned for right-of-way.

Source: Section 13-5-2; Ord. 990225-70; Ord. 031211-11.

The provisions of this article relating to the reservation of right-of-way and waiver of reservation of right-of-way requirements, do not preclude the City from establishing a building line on a right-of-way under state law.

Source: Section 13-5-4; Ord. 990225-70; Ord. 031211-11.

(A)

If the City requires an applicant to dedicate right-of-way, construct or fund system transportation improvements, or dedicate right-of-way beyond the boundaries of a development, the applicant's costs may not exceed the amount required for infrastructure improvements that is roughly proportionate to the proposed development as determined by a professional engineer licensed under Chapter 1001, Occupations Code, and retained by the City.

(B)

The director shall issue a written determination of an applicant's roughly proportionate share of infrastructure costs attributable to a proposed development prior to approval of an application for which dedication or reservation of right-of-way or the construction or funding of system transportation improvements is required. A determination issued under this section:

(1)

need not be made to a mathematical certainty, but is intended to be used as a tool to fairly assess the roughly proportionate impacts of a development based on the level of transportation demand created by a proposed development relative to the capacity of existing public infrastructure;

(2)

shall be completed in accordance with generally recognized and approved measurements, assumptions, procedures, formulas, and development principles; and

(3)

shall state the roughly proportionate share to the property owner for the dedication and construction of transportation-related improvements necessary to ensure an effective and safe transportation system that is sufficient to accommodate the traffic generated by a proposed development.

(C)

If a proposed development is subject to a proportionality determination under this section, the director shall identify in writing all infrastructure improvements required in conjunction with approval of the development application. The infrastructure improvements may include right-of-way dedication or reservation, the construction or funding of system improvements, or any combination thereof, in an amount not to exceed the total infrastructure costs attributable to the proposed development as established by the proportionality determination.

(D)

To aid in making a proportionality determination and identifying required infrastructure improvements, the director may:

(1)

adopt administrative guidelines establishing requirements for:

(a)

conducting a traffic impact analysis and neighborhood traffic analysis under Article 3 (Traffic Impact Analysis and Mitigation); and

(b)

funding or constructing system transportation improvements required under Section 25-6-101 (Mitigation of Transportation Impacts); and

(2)

if an applicant contests the director's proportionality determination under this section, require an applicant to provide:

(a)

a transportation impact analysis, regardless of whether one is required under Section 25-6-113 (Traffic Impact Analysis Required);

(b)

a neighborhood traffic analysis, regardless of whether one is required under Section 25-6-114 (Neighborhood Traffic Analysis Required); or

(c)

other information related to the traffic and safety impacts of a proposed development.

Source: Ord. No. 20170302-077, Pt. 3, 3-13-17.

(A)

The City may, as a condition to approval of a site plan or subdivision, require the reservation of right-of-way that is reasonably likely to be acquired for public use consistent with this article. To be subject to reservation, land must be located along a roadway designated in:

(1)

the Transportation Plan;

(2)

an approved collector plan; or

(3)

an established capital improvement project located in the planning jurisdiction of the City.

(B)

The extent and location of the right-of-way reserved under Subsection (A) must conform to the Transportation Plan, approved collector plan, or capital improvement project.

Source: Section 13-5-8(a); Ord. 990225-70; Ord. 031211-11; Ord. No. 20170302-077, Pt. 4, 3-13-17.

Except as provided in Section 25-6-56 (Agreement For Temporary Use Of Reserved Right-Of-Way) and Section 25-6-81 (Waiver Request), a person may not erect a structure or make an improvement in a reserved right-of-way.

Source: Section 13-5-8(b); Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.

A setback line prescribed under this title is measured from the boundary of the reserved right-of-way adjacent to the property unless waived under Section 25-6-83 (Action On Waiver).

Source: Section 13-5-8(c); Ord. 990225-70; Ord. 031211-11.

(A)

The director shall determine the alignment of reserved right-of-way during:

(1)

the review and approval process for a development application; or

(2)

if an applicant files a waiver request under Section 25-6-81 (Waiver Request), not later than the 60th day after the waiver request is filed.

(B)

The alignment of reserved right-of-way is based on:

(1)

the alignment established in the Transportation Plan, collector plan, or capital improvement project; and

(2)

engineering criteria related to the safe use and maintenance of public right-of-way, including grade, sight distance, turning radii, curvature, existing green infrastructure, and the existence of a flood plain or wildfire hazards.

(C)

In an area designated for a state roadway project, alignment may be established by the Texas Department of Transportation.

(D)

For an existing or platted street, the alignment is based on:

(1)

the existing centerline established before an additional dedication from the opposite side of the right-of way occurs; or

(2)

if the centerline of the street is proposed to be shifted from its present alignment, the proposed centerline.

(E)

If the alignment for a roadway cannot be determined under Subsection (D), the reserved right-of-way shall be established equally on each side of the centerline of the existing roadway.

Source: Section 13-5-8(d); Ord. 990225-70; Ord. 031211-11; Ord. No. 20230413-057, Pt. 4, 4-24-23.

(A)

If the director determines that dedication of right-of-way is needed to accommodate the transportation system, the applicant may be required to dedicate the amount of land determined to be roughly proportionate to the development under Section 25-6-5 (Proportionality of Required Infrastructure) or a lesser amount, as determined by the director based on the adequacy of the transportation system.

(B)

The director may defer the dedication of right-of-way required at one stage of the development process to a later stage. A person must comply with all dedication requirements before the release of the subsequent application.

Source: Section 13-5-9; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord.. 031211-11; Ord. 20060504-039; Ord. No. 20170302-077, Pt. 4, 3-13-17.

(A)

The City may, by written agreement, authorize use of reserved right-of-way for a temporary structure or improvement, including a parking area, detention pond, landscaping, and sign.

(B)

The agreement must contain:

(1)

an expiration date for the use of the right-of-way;

(2)

the method the City will use to notify the property owner that a temporary improvement must be removed;

(3)

a requirement that the property owner replace the improvements on the remainder of the property when the temporary improvements are removed, if the improvements are required by the City Code;

(4)

the applicant's address for notification; and

(5)

a penalty for failure to remove a temporary improvement.

Source: Section 13-5-10; Ord. 990225-70; Ord. 031211-11.

(A)

An applicant who files a development application that proposes to erect a structure or construct an improvement in a reserved right-of-way or in a required setback from reserved right-of-way must:

(1)

execute an agreement under Section 25-6-56 (Agreement For Temporary Use of Reserved Right-of-Way); or

(2)

submit a request for waiver of the reservation requirements of this article with the development application.

(B)

An owner of property reserved for right-of-way who does not have a development application pending with the City may apply for a waiver of the reservation requirements of this article if 15 percent or more of the property is or would be subject to the reservation requirements of Section 25-6-51 (Reservation of Right-of-Way).

(C)

A waiver granted under Subsection (B) is only effective until the City determines that acquisition of a reserved right-of-way is feasible.

Source: Sections 13-5-13 and 13-5-14; Ord. 990225-70; Ord. 031211-11.

(A)

After receiving a waiver request, the director shall establish the alignment of a relevant roadway and, if a development application has been filed, shall apply the dedication standards under Section 25-6-55 (Dedication of Right-of-Way).

(B)

If an application covers an area designated as a state roadway project, the director shall:

(1)

notify the Texas Department of Transportation that:

(a)

a request for a waiver has been filed; and

(b)

if applicable, that a development application has been filed proposing construction in a reserved right-of-way or setback from reserved right-of-way; and

(2)

request field notes from the Texas Department of Transportation.

(C)

If the proposed structure or improvement is located in reserved right-of-way subject to dedication, the director shall require that the application be amended to show the land to be dedicated.

(D)

The director shall certify to the city manager that:

(1)

the dedication requirements have been applied to the application and that a request for a waiver to erect a structure or construct an improvement in the reserved right-of-way has been filed; or

(2)

a request for waiver of the reservation requirements of this article has been filed by an applicant who does not have a development application pending before the City and that 15 percent or more of the property is or would be subject to the reservation requirements of this article.

Source: Section 13-5-15(a); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

Not later than the 90th day after receipt of the certification submitted under Section 25-5-82 (Notice Of Waiver Request), the city manager shall determine if the City can acquire the reserved right-of-way that is the subject of a waiver request.

(B)

If the City cannot acquire the property, the director shall:

(1)

release the application from the requirement to comply with the requirements of this article; or

(2)

if no application has been filed, grant the waiver request for the period of time that the City is unable to acquire the reserved right-of-way.

(C)

If the City can acquire the reserved right-of-way, the director shall deny the waiver. The director may not approve the development application for a period not to exceed six months, pending acquisition of the property. If the City has not acquired the property during the 6 month period, the director shall continue to process the application.

Source: Section 13-5-15(b); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

An applicant may appeal the director's denial of a waiver request to the council.

Source: Section 13-5-15(c); Ord. 990225-70; Ord. 031211-11.

(A)

An applicant may amend a development application to exclude an improvement from a reserved right-of-way.

(B)

If an applicant amends an application to exclude an improvement from a reserved right-of-way, the City may discontinue procedures to acquire the reserved right-of-way.

Source: Section 13-5-17; Ord. 990225-70; Ord. 031211-11.

(A)

The director may grant a variance from the dedication requirements of Section 25-6-55 (Dedication Of Right-Of-Way) if the director determines that the requirements:

(1)

place an undue hardship on the property owner because of special circumstances applicable to the property; or

(2)

render the property unsuitable for an economically feasible use.

(B)

An applicant may appeal the denial of a variance to the council.

Source: Section 13-5-19; Ord. 990225-70; Ord. 031211-11.

(A)

In addition to requiring dedication of right-of-way under Section 25-6-55 (Dedication Of Right-Of-Way), the director may require an applicant to construct or fund all or a portion of system improvements required to mitigate traffic impacts of a proposed development.

(B)

If a proposed development does not require an impact analysis under Section 25-6-113 (Traffic Impact Analysis Described) or Section 25-6-114 (Neighborhood Traffic Impact Analysis Described), the director may condition approval of the application on construction or funding of system improvements as described in this subsection:

(1)

System improvements are limited to:

(a)

sidewalks and curb ramps;

(b)

traffic signs, markings, and upgrades to signal infrastructure;

(c)

traffic calming devices;

(d)

bike lanes or upgrades to bike facilities;

(e)

rectangular rapid flashing beacons;

(f)

pedestrian refuge islands;

(g)

pedestrian hybrid beacons;

(h)

urban trail improvements;

(i)

right-of-way dedications; and

(j)

measures to limit transportation demand.

(2)

System improvements required under this section must be located:

(a)

within the boundaries of the development for which they are required; or

(b)

no farther from the proposed development than:

(i)

one-quarter mile; or

(ii)

three-fourths of a mile, for an improvement required to provide access between the proposed development and a school, bus stop, public space, or major roadway as designated under the transportation plan.

(C)

If a proposed development requires a traffic impact analysis under Section 25-6-113 (Traffic Impact Analysis) or Section 25-6-114 (Neighborhood Traffic Impact Analysis), the director may require an applicant to construct or fund system improvements identified by the traffic impact analysis.

(D)

The total cost of system improvements required under this section may not exceed the lesser of:

(1)

the applicant's roughly proportionate share of infrastructure costs as established by the proportionality determination required under Section 25-6-23 (Proportionality Of Required Infrastructure), less the cost of any right-of-way dedication required under Section 25-6-55 (Dedication of Right-of-Way); or

(2)

the total cost of offsite transportation improvements identified in a traffic impact analysis approved by the director, whether or not the analysis is required under Section 25-6-113 (Traffic Impact Analysis Required) or submitted by an applicant voluntarily.

Source: Ord. No. 20170302-077, Pt. 6, 3-13-17.

(A)

The director may allow an applicant to pay a fee in-lieu of constructing one or more transportation system improvements required under Section 25-6-101 (Mitigation of Transportation Impacts) or, at the director's discretion, to post fiscal surety in the amount of the required fee in-lieu. In determining whether to allow payment of a fee in-lieu or fiscal surety, or to require construction of system improvements, the director shall consider:

(1)

the applicant's roughly proportionate share of infrastructure costs, as determined under Section 25-6-23 (Proportionality Of Required Infrastructure), relative to the cost of constructing one or more identified system improvements;

(2)

future transportation improvements anticipated for the area through capital improvement projects or as a condition to the approval of other proposed developments; and

(3)

the feasibility of constructing one or more identified system improvements by supplementing the amount collected through payment of a fee in-lieu with city funds.

(B)

A fee in-lieu collected under Subsection (A) of this section shall be placed in a dedicated fund and used solely for the purpose of constructing one or more system improvements identified under Section 25-6-23 (Proportionality Of Required Infrastructure).

(C)

A fee in-lieu collected under this section shall be spent, consistent with the requirements of Subsection (B), within ten years from the date fee is paid to the City. The owner of a property for which a fee in-lieu was paid under this section may request a refund of any funds that remain unspent after the end of the ten-year period. A refund request under this section must be submitted in writing, on a form provided by the director.

Source: Ord. No. 20170302-077, Pt. 6, 3-13-17.

(A)

This section reduces traffic mitigation required for certain projects participating in the City's S.M.A.R.T. Housing program established under City Code Chapter 25-1, Article 15, Division 2 (S.M.A.R.T. Housing).

(B)

If a S.M.A.R.T. housing development does not require an impact analysis under Section 25-6-113 (Traffic Impact Analysis Described) or Section 25-6-114 (Neighborhood Traffic Impact Analysis Described), the maximum cost of system improvements that may be required under Section 25-6-101(B) (Mitigation Of Transportation Impacts) is reduced according to the following requirements:

(1)

If at least ten percent, but less than twenty percent, of the dwelling units are reasonably-priced, the maximum cost is reduced by the percentage of affordable units;

(2)

If at least twenty percent, but less than fifty percent, of the dwelling units are reasonably-priced, the maximum cost is reduced by fifty percent; and

(3)

If at least fifty percent of the dwelling units are reasonably-priced, no mitigation may be required.

Source: Ord. No. 20170302-077, Pt. 6, 3-13-17.

A traffic impact analysis is a study that:

(1)

provides information on the projected traffic generated by a proposed development;

(2)

assesses the effect of the proposed development on a roadway near the development;

(3)

identifies a potential traffic operational problem or concern and recommends an action to handle the problem or concern; and

(4)

assesses the potential vehicular trips generated by other undeveloped sites in the established study boundary.

Source: Sections 13-5-42(a) and 13-5-42(b); Ord. 990225-70; Ord. 031211-11.

A neighborhood traffic analysis is a simplified traffic impact analysis that assesses the effect of a proposed project on a residential street. The scope of a neighborhood traffic analysis is limited to an evaluation of the existing and projected operating level of a residential street and an identification of mitigation measures to minimize adverse traffic effects.

Source: Section 13-5-42(c); Ord. 990225-70; Ord. 031211-11.

(A)

Except as otherwise provided in Section 25-6-117 (Waiver Authorized), a person submitting a site plan application or a zoning or rezoning application must submit a traffic impact analysis to the department if the expected number of trips generated by a project exceeds 2,000 vehicle trips per day.

(B)

If the director determines that the traffic impact analysis does not comply with the requirements of this article, the director may require the applicant to supplement the traffic impact analysis to address a deficiency.

(C)

An applicant required to supplement an analysis under Subsection (B) must submit the required supplemental material before the 27th day before the date on which the application is scheduled for action.

Source: Sections 13-5-43, 13-5-44(b), and 13-5-46(a); Ord. 990225-70; Ord. 031211-11.

(A)

The director shall conduct a neighborhood traffic analysis for a project proposed in a site development permit application or a zoning or rezoning application if:

(1)

the project has access to a residential local or collector street as described in Subsection (C); and

(2)

one of the following applies:

(a)

the projected number of vehicle trips generated by the project exceeds the vehicle trips per day generated by existing uses by at least 300 vehicle trips per day; or

(b)

the application is for a public primary or secondary educational facility.

(B)

If a current traffic count for an affected street is not available, the director may require the applicant to conduct a traffic count in accordance with procedures established by the city manager.

(C)

In this article, a residential local or collector street is a street:

(1)

that is not an arterial street; and

(2)

along which at least 50 percent of the frontage located:

(a)

1,500 feet or less from the proposed project's property line has an urban family residential district (SF-5) or more restrictive zoning designation; or

(b)

between the property line and the nearest arterial street that is less than 1500 feet from the property line has an SF-5 or more restrictive zoning designation.

(D)

Under this article, residential property in a planned unit development (PUD) zoning district is treated as property in an SF-5 zoning district if the PUD land use plan establishes the density for the residential area at 12.44 units per acre or less.

(E)

Under Subsection (C), each segment of a street that meets the criteria in Subsection (C)(2)(a) or (b) is considered separately.

Source: Sections 13-2-25, 13-5-44(a), 13-5-44(c), and 13-5-46(b); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039; Ord. No. 20160623-090, Pt. 9, 7-4-16.

(A)

The director shall determine the geographic area to be included in a traffic impact analysis.

(B)

A traffic impact analysis must be performed under the supervision of a registered professional engineer or other qualified individual.

(C)

A traffic impact analysis must conform with the requirements of this article and the Transportation Criteria Manual.

(D)

A traffic impact analysis report must describe the study methodology, the data used, and the study findings and provide recommendations based on the results.

(E)

A traffic impact analysis report must be signed by a registered professional engineer or other qualified individual responsible for the supervision of the study and preparation of the traffic impact analysis.

Source: Sections 13-5-42(b) and 13-5-46(a); Ord. 990225-70; Ord. 031211-11.

Traffic on a residential local or collector street is operating at a desirable level if it does not exceed the following levels:

Source: Sections 13-5-47(c); Ord. 990225-70; Ord. 031211-11.

(A)

The director may waive the requirement to submit a traffic impact analysis.

(B)

If the director waives the requirement to submit a traffic impact analysis, the director shall include the reason for the waiver in the director's decision or recommendation on the application.

(C)

A person who obtains a waiver under this section must mitigate adverse effects of the traffic generated from a proposed development.

(D)

The traffic generated from a proposed development for which the requirement to submit a traffic impact was waived may not:

(1)

in combination with existing traffic, exceed the desirable operating level established in Section 25-6-116 (Desirable Operating Levels For Certain Streets); or

(2)

endanger the public safety.

Source: Section 13-5-48; Ord. 990225-70; Ord. 031211-11.

(A)

The council or director may deny an application if:

(1)

the results of a traffic impact analysis demonstrate that a proposed development may overburden the City's street system; or

(2)

the projected traffic generated by the project, combined with existing traffic, exceeds the desirable operating level established in Section 25-6-116 (Desirable Operating Levels for Certain Streets) on a residential local or collector street in the traffic impact analysis study area or the neighborhood traffic analysis study area.

(B)

The council or director may approve an application if the applicant has satisfactorily mitigated adverse traffic effects as required by this Title.

Source: Section 13-5-47(a) and (b); Ord. 990225-70; Ord. 031211-11; Ord. No. 20170302-077, Pt. 7, 3-13-17).

An applicant may modify an application to minimize the traffic-related effects identified in a traffic impact analysis or neighborhood traffic analysis. Modifications may include:

(1)

a reduction in the projected vehicle trips per day;

(2)

the dedication of additional right-of-way;

(3)

the rerouting of traffic and a proposed access and egress point;

(4)

participation in the funding of a traffic signal or intersection improvement; and

(5)

other modification determined to be necessary.

Source: Section 13-5-47(a); Ord. 990225-70; Ord. 031211-11.

(A)

An applicant may appeal the director's denial of a site plan application under Section 25-6-141 (Action On Application) to the Land Use Commission. An applicant may appeal the decision of the Land Use Commission to the council.

(B)

The Land Use Commission or the council may approve a site plan application if the Land Use Commission or council determine that the:

(1)

applicant has satisfactorily mitigated adverse traffic effects; or

(2)

additional traffic from the project has an insignificant effect on a residential street.

Source: Section 13-5-47(b)(2); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

Except as provided in Subsections (B) and (C), a roadway, street, or alley must be designed and constructed in accordance with the Transportation Criteria Manual and City of Austin Standards and Standard Specifications.

(B)

The city manager may approve a local street that is less than 50 feet in width if a street of narrower width is warranted by topographical conditions, a drainage channel, proposed limited development on one side of the street, or other special condition.

(C)

A roadway, street, or alley must be designed and constructed in accordance with county requirements if it is located in a subdivision that is more than two miles from the city limits and has a density of less than two and one-half lots or dwelling units for each acre.

Source: Section 13-5-53; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 030306-48A; Ord. 031211-11; Ord. 20060504-039.

An arterial street must comply with the Transportation Plan.

Source: Section 13-5-54(a); Ord. 990225-70; Ord. 031211-11.

(A)

The director of the Watershed Protection and Development Review Department shall make recommendations to the Planning Commission regarding the designation of collector streets.

(B)

The Planning Commission shall designate collector streets after receiving the recommendations required under Subsection (A).

Source: Section 13-5-54(b); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

The city manager may allow a person to construct one-half of a divided arterial roadway adjoining a subdivision if:

(1)

the pavement width of the proposed roadway is at least 24 feet; and

(2)

the city manager determines that the roadway can safely be used as a two-way street until construction of the entire divided roadway is completed.

Source: Section 13-5-55; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

This division applies to a subdivision if a part of the subdivision is in a water supply rural watershed or water supply suburban watershed.

Source: Section 13-5-56(a); Ord. 990225-70; Ord. 031211-11.

(A)

The right-of-way and street design for a local or collector street in a residential area located in a critical water quality zone or a water quality buffer zone must comply with the alternative geometric design criteria for streets without curbs and gutters prescribed in the Transportation Criteria Manual.

(B)

A street in a critical water quality zone or a water quality buffer zone other than a street described in Subsection (A) may comply with the alternative geometric design criteria in the Transportation Criteria Manual if the city manager determines that the design is consistent with transportation principles.

(C)

A street in an upland zone may be designed to comply with the alternative geometric design criteria in the Transportation Criteria Manual if the city manager determines that the design is consistent with transportation principles.

Source: Section 13-5-56(b) and (c); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

An applicant must designate the type of street cross-section design to be used in a preliminary subdivision at the time that the plan is filed.

Source: Section 13-5-56(d); Ord. 990225-70; Ord. 031211-11.

(A)

A lot in a subdivision designed with streets without curb and gutter must be one-half acre or more in size and have 100 feet or more of street frontage.

(B)

Land designated in a preliminary plan as dedicated for open space or public right-of-way may not be used to calculate a lot size for a lot described in Subsection (A).

Source: Section 13-5-56(d); Ord. 990225-70; Ord. 031211-11.

The city manager may modify a curb and gutter requirement or the minimum width of a right-of-way prescribed in the Transportation Criteria Manual for a local or collector street after considering:

(1)

a report from the Watershed Protection and Development Review Department that assesses the adequacy with which a proposed alternative design deals with storm water drainage, traffic safety, and general public welfare;

(2)

the applicant's written statement in support of the modification; and

(3)

the applicant's preliminary plan for street construction under the proposed modification.

Source: Section 13-5-56(e); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

A person must establish that a person is qualified to construct, alter, remove, or repair a sidewalk, curb, gutter, driveway approach, or pedestrian way by obtaining a right-of-way construction license.

(B)

A person may not obtain a permit under Section 25-6-261 (Permit Required For A Project) to engage in an activity described in Subsection (A) unless a person is licensed under this division.

(C)

A contractor or agent of a franchise holder must comply with the licensing requirements in this division in order to perform work described in this division.

(D)

A licensee shall retain general supervision of all work engaged in under a license.

(E)

A person may not transfer or assign a license issued under this division.

Source: Sections 13-5-62, 13-5-65(a), and 13-5-71; Ord. 990225-70; Ord. 031211-11.

(A)

To obtain a right-of-way construction license, a person must submit an application to the city manager on a prescribed form.

(B)

An application under Subsection (A) must be accompanied by a bond in a form approved by the city attorney and in an amount established by the city manager. The bond must be payable to the City and issued by a surety authorized to do business in Texas.

(C)

The bond submitted under Subsection (B) must contain the following provisions:

(1)

the bond is issued for the use and benefit of the City and all persons who may suffer injury resulting from the construction performed under the license;

(2)

the principal protects the City and all persons from damage or injury arising from negligence in the performance of work under the contract;

(3)

the principal protects the City and all persons from damage or injury arising from failure to faithfully observe and comply with the City requirements for construction or repair work; and

(4)

the term of the bond is effective for the term of the license.

(D)

The city manager shall base the amount of the bond on:

(1)

the cost of the applicant's past projects and the projected cost of future projects; and

(2)

the potential damage to a right-of-way that the activity of the applicant may cause.

Source: Section 13-5-63(a) and (b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

The city manager may approve a license if:

(A)

the city manager determines that the applicant is qualified to perform the work based on the applicant's experience; and

(B)

the applicant has provided the bond required by this division.

Source: Section 13-5-62; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

(A)

Except as provided by Subsection (B), an applicant must pay a license fee before a right-of-way construction license is issued.

(B)

A holder of a City franchise is not required to pay a license fee.

Source: Section 13-5-65(a); Ord. 990225-70; Ord. 031211-11.

(A)

Except as otherwise provided by Subsection (B), a license issued under this division is effective on the date of issuance and remains effective through the end of the calendar year in which it is issued.

(B)

If a bond required by this division lapses or is terminated, suspended, or revoked, the license issued to the contractor is automatically suspended. The contractor may not resume construction described by Section 25-6-231 (License Required) until the city manager reinstates or renews the license or issues a new license.

Source: Sections 13-5-62 and 13-5-63(c); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

(A)

Except as provided by Subsection (C), a person must obtain a right-of-way construction permit to:

(1)

construct, alter, repair, or remove a sidewalk, curb, gutter, driveway approach, or pedestrian way; or

(2)

remove a tree from public right-of-way.

(B)

A separate permit is required for each lot or tract of land on which activity described in Subsection (A) occurs.

(C)

A permit is not required if the proposed construction:

(1)

is performed in accordance with an approved site plan;

(2)

is performed as part of the construction of a new subdivision if the construction:

(a)

is included on the subdivision's approved street and drainage construction plans, and

(b)

the proposed construction occurs at the time that construction of the street and drainage systems occurs; or

(3)

is a minor repair or construction, as determined by the city manager; or

(4)

will be performed by a public utility or franchise holder.

(D)

The exemption provided by Subsection (C)(2) does not apply after the City accepts the street and drainage construction of a subdivision.

(E)

A person may not transfer or assign a permit issued under this division.

Source: Section 13-5-64, 13-5-65(c), 13-5-71, and 13-5-82(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

To obtain a right-of-way construction permit, a licensed contractor must file an application with the city manager.

Source: Section 13-5-64(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

(A)

Except as provided in Subsection (C), the city manager shall approve a construction permit application for a driveway approach unless the city manager determines that the proposed driveway will have an adverse effect on vehicle and pedestrian traffic and public safety.

(B)

To determine the effect of a proposed driveway, the city manager shall consider:

(1)

the topography of the land;

(2)

land use, including the intensity of development, potential trip generation, the mix of vehicles, and turning movement;

(3)

function of the public street, including the design and layout of the street, sight distance, operating speed, traffic volume, entrance/exit ramps, and frontage roads;

(4)

the location of a nearby street or driveway;

(5)

the site plan, including on-site circulation, path delineation, the existence of parking stalls, building location, and loading facility location; and,

(6)

the potential increase in traffic routed onto a local residential street as a result of the driveway installation.

(C)

The city manager may not issue a permit for a driveway approach for:

(1)

a driveway that provides access to or cut a curb that fronts on Lamar Boulevard between West 24th Street and West 30th Street; and,

(2)

a project that provides for parking between an established curb line or edge of paving and the property line of the adjacent property, unless specifically directed by the council.

(D)

A person may not construct a type 2 driveway approach to provide access to angle or head-in parking for which a portion of the pedestrian way is required to maneuver in or out of a space unless the person obtains a permit that states that the city manager has approved the construction.

(E)

An applicant may appeal a decision of the city manager under this section to the Land Use Commission. In making a determination on an appeal filed under this section, the Land Use Commission shall consider the factors in Subsection (B).

Source: Sections 13-5-81(a), 13-5-81(c), 13-5-82(a) and 13-5-82(c); Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 030306-48A; Ord. 031211-11; Ord. 20060504-039.

The design of a driveway approach must:

(1)

comply with an approved administrative site plan; or

(2)

be approved by the city manager.

Source: Sections 13-5-81(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

A permit is automatically revoked if the city manager determines that an applicant falsified information in a governmental record submitted under this division or omitted information required under this division.

Source: Section 13-5-73; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

(A)

A permit is automatically suspended if:

(1)

construction performed under the permit results in damage to or interferes with public utility equipment or service, a storm water drainage facility, or a tree in a pedestrian way; and

(2)

the permittee did not obtain consent of the owner of the utility service, drainage facility, or pedestrian way before performing the construction activity.

(B)

The city manager may only reinstate a permit after determining that the permit holder has:

(1)

provided compensation for the damage; or

(2)

eliminated the interference.

Source: Section 13-5-72; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

The director of the Public Works Department shall:

(1)

regulate the placement of improvements and facilities on public property;

(2)

order the removal of an unauthorized obstruction or encroachment from public property; and

(3)

suspend or revoke a permit issued under this division if the director determines that the permittee has violated the terms of the permit.

Source: Section 13-5-74(a); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

The director of the Public Works Department shall repair and maintain the roadways and facilities in the right-of-way.

Source: Section 13-5-74(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

Construction authorized by a permit issued under this article must comply with the requirements of Chapter 25-1, Article 8 (Construction Management) and this division.

(B)

The permittee shall retain general supervision of all work engaged in under a permit.

Source: Sections 13-5-64(c) and 13-5-71; Ord. 990225-70; Ord. 031211-11.

(A)

The design, construction, alteration, or repair of a sidewalk, driveway approach, pavement, appurtenance on public property, or other facility to provide access to adjoining property must comply with the Transportation Criteria Manual.

(B)

The design, construction, alteration, or repair of a curb or gutter must comply with the Drainage Criteria Manual and the Transportation Criteria Manual.

(C)

Access to a lot from an alley must be approved by the city manager.

Source: Section 13-5-66(a) and (c); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

(A)

The permittee shall establish the line and grade for construction performed under this division and shall set, preserve, and protect the line and grade stakes.

(B)

The city manager may require the permittee to set line and grade stakes under the direct supervision of a registered public surveyor or registered professional engineer.

Source: Section 13-5-67; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

(A)

The director of the Public Works Department may approve an alternative material, design, or method of construction from that required by this article or the Transportation Criteria Manual if the director of the Public Works Department determines that the alternative is safe, durable, and equivalent to the requirements set out in this article and the Transportation Criteria Manual.

(B)

Materials, designs, or methods of construction approved under Subsection (A) must be used and installed in accordance with the terms of approval.

Source: Section 13-5-75; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

A person who constructs a new driveway approach shall:

(1)

remove an existing curb opening or driveway approach on the same property if the opening or approach is not required;

(2)

match a new curb, gutter, or sidewalk, to the existing adjoining curb grade and alignment; and

(3)

install a new curb, gutter or sidewalk, if required, at the same time that the new driveway approach is installed.

Source: Section 13-5-83(c); Ord. 990225-70; Ord. 031211-11.

(A)

A permittee shall pay the cost of relocating a public utility's stormwater drainage improvement, or tree required by the permittee's proposed construction.

(B)

If relocating or replacing a tree is required as a condition of a right-of-way construction permit, the permit shall comply with the requirements of the director.

Source: Section 13-5-68; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

The city manager shall establish a procedure for the inspection of construction authorized under a right-of-way construction permit. The inspection procedures must provide for the following:

(1)

Phase 1 inspection: inspection of line and grade, forms, reinforcing steel, drainage and subgrade before a final course of material is placed; and

(2)

Phase 2 inspection: final inspection of construction, including cleanup.

Source: Section 13-5-70; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

The council or director may require an existing driveway to conform with this article and the Transportation Criteria Manual as a condition of approval for an application for zoning, rezoning, or site plan approval.

Source: Section 13-5-66(b); Ord. 990225-70; Ord. 031211-11.

(A)

Based on the criteria of Transportation Criteria Manual, the director of the Public Works Department may:

(1)

require a driveway closing or curb construction as a condition of approval of an administrative site plan; or

(2)

recommend that driveway closing or curb construction be required as a condition of zoning or rezoning.

Source: Section 13-5-66(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

The director of the Public Works Department may require an existing, unpaved alley to be paved for all or a portion of its length if access from an alley is proposed in an application for zoning, re-zoning, or site plan approval.

Source: Section 13-5-66(c); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

This section applies to a development application for new construction of a medical facility.

(B)

An applicant is required to install security bollards in front of each pedestrian entrance to a medical facility in accordance with the Transportation Criteria Manual.

(C)

The installation of security bollards cannot obstruct accessible routes or accessible means of ingress and egress to the pedestrian entrance.

(D)

The director may waive this requirement if the applicant demonstrates the walkway to the pedestrian entrance is designed in a manner that mitigates the risk of vehicular crashes into the pedestrian entrance without the use of security bollards.

(Ord. No. 20241212-074, Pt. 2, 12-23-24)

(A)

A person who subdivides property shall install sidewalks in a subdivision in accordance with the Transportation Criteria Manual. A preliminary subdivision plan and a final plat must indicate the location of a proposed sidewalk.

(B)

The director may waive the requirement to install a sidewalk based on criteria in the Transportation Criteria Manual.

(C)

A sidewalk that is indicated on a recorded plat or approved site plan shall be installed in conjunction with the installation of a type 1 or type 2 driveway approach.

(D)

Except as provided in Section 25-6-354 (Payment Instead of Sidewalk Installation), the accountable official may not issue a certificate of occupancy or certificate of compliance until a sidewalk required under this division is installed.

(E)

The construction of a sidewalk or driveway approach is not complete until all utility connections are complete and a cut required by the utility installation is restored.

(F)

Fiscal security is not required for the construction of a sidewalk in a subdivision within the corporate limits of the City if the location of the sidewalk is noted on a recorded final plat or approved site plan.

Source: Section 13-5-91; Ord. 990225-70; Ord. 010607-8; Ord. 030306-48A; Ord. 031211-11; Ord. 20080214-096.

(A)

The director or Land Use Commission may not approve a site plan unless sidewalks are shown on the site plan, if required by the Transportation Criteria Manual.

(B)

The director may waive the requirement to install a sidewalk based on criteria in the Transportation Criteria Manual.

(C)

Except as provided in Section 25-6-354 (Payment Instead Of Sidewalk Installation), the accountable official may not issue a certificate of occupancy or certificate of compliance until a sidewalk required under this division is installed.

Source: Section 13-5-92; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20080214-096.

(A)

This section applies to:

(1)

a building permit for construction of:

(a)

a new building; or

(b)

an addition to an existing building that increases the building's gross floor area by 50 percent or more; or

(2)

a relocation permit to move a building from one site to another.

(B)

Except as provided in Section 25-6-354 (Payment Instead Of Sidewalk Installation) and Subsections (C) and (D):

(1)

the building official may not approve a building or relocation permit unless sidewalks are shown on the plot plan or site plan, as applicable, if required by the Transportation Criteria Manual; and

(2)

the building official may not issue a certificate of occupancy until a sidewalk required under this division is installed.

(C)

The director may waive the requirement to install a sidewalk:

(1)

based on criteria in the Transportation Criteria Manual; or

(2)

if the director determines that the development does not generate pedestrian traffic for the sidewalk.

(D)

Unless otherwise required by Section 25-6-351 (Sidewalk Installation In Subdivisions) or Section 25-6-352 (Sidewalk Installation With Site Plans), a sidewalk for a corner lot is required only along the street with the shortest lot frontage.

Source: Ord. 20080214-096.

(A)

An applicant may request to pay a fee instead of installing a sidewalk by filing a written request at the time the person submits a permit application in the manner prescribed by the director. An applicant who has not filed a request at the time of application, may later amend the application to request to pay fee instead of installing a sidewalk.

(B)

For a sidewalk required under Section 25-6-353 (Sidewalk Installation with Building or Relocation Permit), the director shall approve payment of a fee instead of installation of a sidewalk if the director determines that:

(1)

the property is used only for a residential use and has not more than two dwelling units;

(2)

on the date the property was subdivided, the land development regulations did not include a sidewalk requirement; and

(3)

less than 50 percent of the block face on which the property is located has a sidewalk.

(C)

For a sidewalk required under Section 25-6-351 (Sidewalk Installation in Subdivisions), the director shall approve payment of a fee instead of installation of a sidewalk if the subdivision:

(1)

consists of five or fewer lots;

(2)

only includes residential lots, each of which contains no more than two dwelling units;

(3)

is a resubdivision of land that was originally subdivided on a date when applicable regulations did not include a sidewalk requirement; and

(4)

less than 50 percent of the block face on which the property is located has a sidewalk.

(D)

The director may approve payment of a fee instead of installation of a sidewalk if the director determines that installation is impractical because:

(1)

there are no sidewalks in the vicinity, and it is unlikely that there will be development nearby that would require the installation of sidewalks;

(2)

installation of the sidewalk would require the removal of a protected tree or other major obstruction within the right-of-way;

(3)

a stormwater drainage ditch or similar public utility facility prevents the installation of the sidewalk, and neither the sidewalk nor the facility can be reasonably relocated to accommodate both the sidewalk and the facility;

(4)

the topography would require the construction of a retaining wall more than two feet high to accommodate the sidewalk; or

(5)

other unusual circumstances make the sidewalk installation requirement unreasonable or inappropriate.

(E)

In making a determination under Subsection (D), the director shall give primary consideration to the following:

(1)

the adopted neighborhood plan;

(2)

information provided by the neighborhood planning team;

(3)

information provided by a registered neighborhood association; and

(4)

the approved City sidewalk plan.

(F)

The amount of the fee is the current sidewalk installation cost, as determined in accordance with the Transportation Criteria Manual.

(G)

A fee paid under this section must be used to install a sidewalk or curb ramp in the same service area, as established by the Transportation Criteria Manual.

(H)

The City may refund the fee to the applicant if it is not spent within 10 years of the date of its collection.

Source: Ord. 20080214-096.

(A)

In this section, "major roadway" means a roadway that is designated as a major arterial, expressway, parkway, or freeway in the transportation plan or in a roadway plan approved by the appropriate county.

(B)

Except as provided in Subsections (C) and (D), a subdivision plat or a site plan may not provide for direct access from a lot to a major roadway unless the lot contains 200 feet or more of frontage on the major roadway and alternative access is not available.

(C)

The director shall permit access to a major roadway from a property with less than 200 feet of frontage on a major roadway if the property is subject to right-of-way condemnation and if:

(1)

the property possessed more than 200 feet of frontage on the roadway before condemnation;

(2)

the proposed driveway is not located in a controlled access area;

(3)

the proposed driveway is the lesser of 100 feet or 60 percent of the frontage from the intersection; and

(4)

the city manager determines that the driveway does not create a public safety hazard.

(D)

If direct access to a major roadway is not authorized under Subsection (B) and alternative access is not available, the director shall permit one driveway approach from the property to a major roadway.

(E)

The director may require joint access to a major roadway for adjoining lots that have insufficient frontage to allow a driveway approach for each lot under the requirements of the Transportation Criteria Manual.

Source: Section 13-5-84 (a), (b), and (c); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 030306-48A; Ord. 031211-11; Ord. 20060504-039.

On the request of a condemning authority or property owner before acquisition of a right-of-way occurs, the city manager may modify the access requirements of this division and the Transportation Criteria Manual for a property that is subject to right-of-way condemnation if the modification does not create a public safety hazard or have an adverse effect on traffic operation.

Source: Section 13-5-84(d); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 030306-48A; Ord. 031211-11; Ord. 20060504-039.

This division applies to property located in a hill country roadway corridor and within the zoning jurisdiction of the City.

Source: Section 13-5-85(a); Ord. 990225-70; Ord. 031211-11.

The minimum distance between local streets that intersect with a hill country roadway must be 600 feet. The minimum distance between collector streets that intersect with a hill country roadway must be 1,320 feet.

Source: Section 13-5-85(f); Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided by Subsection (B), the design and construction of a connecting street that intersects with an existing divided hill country roadway must align with an existing median break on a hill country roadway.

(B)

The city manager may approve the construction of a connecting street that does not align with an existing median break if alignment is not practicable.

Source: Section 13-5-85(h); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

The director may require an improvement at the intersection of a hill country roadway with another street if the results of a traffic impact analysis indicate that an improvement is necessary.

(B)

The director may approve the construction of a grade-separated interchange on a hill country roadway that provides access for a single development if:

(1)

the interchange is located at the intersection of a hill country roadway and an arterial street; or

(2)

the location of the interchange provides spacing for weaving maneuvers at ramps.

Source: Section 13-5-85(g); Ord. 990225-70; Ord. 031211-11.

(A)

A maximum of two access points is permitted from any one site to a hill country roadway.

(B)

The director may prohibit access to a hill country roadway from:

(1)

a tract that has access to a street that intersects with a hill country roadway; or

(2)

a tract that has frontage on a hill country roadway and that has access to a hill country roadway through an existing joint-use access easement or driveway.

(C)

If access to a hill country roadway from a site described in Subsection (B) is permitted, the director shall limit access to one driveway unless:

(1)

the estimated daily traffic volume for the single driveway exceeds 5,000 vehicles per day;

(2)

the traffic using the single driveway would exceed the capacity of an intersection controlled by a stop sign during one peak street traffic hour or the peak site traffic hour; or

(3)

based on the results of a traffic impact analysis, the director determines that an additional driveway is necessary because of traffic conditions.

Source: Section 13-5-85(b); Ord. 990225-70; Ord. 031211-11.

(A)

The maximum practical spacing between driveways along a hill country roadway must be provided.

(B)

Unless otherwise approved by the director, a driveway providing access to a hill country roadway:

(1)

must be at least 300 feet from the nearest driveway unless the driveway provides the only access available for a tract of land;

(2)

must have a sight distance of at least 550 feet;

(3)

may not be on the inside radius of a curve; or

(4)

may not access a portion of a hill country roadway that has a grade of eight percent or more.

Source: Section 13-5-85(c); Ord. 990225-70; Ord. 031211-11.

(A)

In this division, a joint-use driveway means a driveway located entirely or partially on a tract of land that is available for use by an adjoining tract of land as ingress and egress to a public street.

(B)

The director may require an applicant for site plan approval to provide an easement for a joint-use driveway across the applicant's tract generally parallel with the right-of-way of a hill country roadway for the use of an adjacent property owner that has insufficient frontage for access.

(C)

Access to a hill country roadway through a joint-use driveway is not permitted for a tract that does not have frontage on a hill country roadway unless approved by the director.

Source: Section 13-5-85(d); Ord. 990225-70; Ord. 031211-11.

(A)

If an applicant for site plan approval is required to construct a joint-use driveway, the owner of an adjacent tract benefitted by the driveway must participate in the cost of the driveway on a pro rata basis.

(B)

If the owner of a tract that benefits from a joint-use driveway is unable to participate in the cost of the driveway at the time the driveway is scheduled for construction, the owner of the tract on which the driveway is to be constructed may elect not to construct the driveway.

(C)

An owner electing not to construct a driveway under Subsection (B) must leave sufficient area for the construction of the driveway.

(D)

If an owner of a tract on which a driveway is to be constructed elects to construct the driveway before the adjoining tract is developed, the owner of a benefitted tract shall share in the cost of the driveway at the time the adjoining tract is developed.

Source: Section 13-5-85(d); Ord. 990225-70; Ord. 031211-11.

(A)

A calculation of the allowable impervious cover on a site on which a joint use driveway required under this division is located shall exclude:

(1)

110 percent of impervious cover that is required for the sole purpose of providing access from adjoining land to a joint-use driveway located entirely on the site; and

(2)

50 percent of impervious cover that is required to provide a joint-use driveway if a portion of the driveway is not located on the adjoining land.

(B)

The impervious cover excluded from the calculation of impervious cover on a site under Subsection (A) does not include impervious cover that serves as a parking space or an aisle serving a parking space.

Source: Section 13-5-85(e); Ord. 990225-70; Ord. 031211-11.

This section applies only to property in a water supply watershed and to property in the Barton Springs Zone.

Source: Section 13-5-86(a); Ord. 990225-70; Ord. 031211-11.

(A)

A lot must be reasonably accessible by vehicle from a roadway to a building site.

(B)

A driveway grade may not exceed 14 percent unless:

(1)

the portion of the grade that exceeds 14 percent is a travel distance of at least 25 feet from the nearest right-of-way boundary; and

(2)

the Watershed Protection and Development Review Department has approved the surface and geometric design proposals.

Source: Section 13-5-86(b); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

In this division, joint-use driveway means a driveway located entirely or partially on a tract of land that is available for use by an adjoining tract of land as ingress or egress to a public street.

(B)

Vehicular access to a tract of land through a joint-use driveway is permitted as an alternative to direct access to an abutting public or private street.

(C)

A joint-use driveway used as alternative access for a single-family residential use may serve not more than eight dwelling units.

Source: Ord. 030306-48A; Ord. 031211-11.

(A)

Except as provided in Subsection (B), off-street motor vehicle parking is not required. This article shall govern over a conflicting provision of this title or other ordinance, unless the conflicting provision is less restrictive. This article applies to all uses and to specific regulating plans, Transit Oriented Development areas (TODs), and Neighborhood Conservation Combining Districts (NCCDs) that incorporate this chapter by reference. A planned unit development (PUD) that includes specific off-site parking requirements controls over this article.

(B)

A minimum of one on-site accessible space is required. The minimum number of accessible spaces is calculated by taking 100 percent of the parking previously required for the use under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) and using that result to determine the number of accessible parking spaces required under the Building Code.

(C)

If an applicant provides an off-street parking facility for a building or use, accessible spaces must be provided on-site.

(D)

If an applicant provides only accessible spaces for a use:

(1)

Accessible spaces may be located on- or off-site, within 250 feet of the use, and must be on an accessible route.

(2)

An off-site or on-street accessible space that is located within 250 feet of a use may be counted towards the number of required accessible spaces under Subsection (B).

(3)

The director may waive or reduce the number of accessible space required if no accessible spaces can be provided consistent with the requirements of Paragraph (D)(1).

(E)

The accessible space parking requirement for a site with more than one use or for adjacent sites served by a common parking facility is the cumulative total of spaces required for each site or use.

(F)

In this section:

QUALIFYING DEVELOPMENT means a development certified under Section 25-1-724 (Certification) and participating in the Affordability Unlocked Bonus Program.

(G)

A qualifying development is not required to comply with Appendix A of Chapter 25-6 (Transportation) but must comply with this section.

(1)

The minimum number of required off-street accessible spaces is the greater of:

(a)

one accessible parking space;

(b)

the number of accessible spaces required under the Building Code based on 100 percent of the parking previously required for the use under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements); or

(c)

the number of accessible spaces required under the Americans with Disabilities Act (ADA) or the Fair Housing Act Amendments (FHAA), as appropriate.

(2)

An accessible space must be adjacent to the site and on an accessible route.

(3)

An accessible parking space must comply with design, accessibility, and location requirements imposed by the ADA and the FFHA, as appropriate.

(4)

Accessible parking detailed in Subsection (G)(1) must be provided off-street except insofar as on-street or off-site parking is allowed elsewhere in this title.

Source: Section 13-5-96(a), (c), (d), (f) and (g); Ord. 990225-70; Ord. 031211-11; Ord. No. 20190509-027, Pt. 5, 5-20-19; Ord. No. 20221201-056, Pt. 4, 12-12-22; Ord. No. 20231102-028, Pt. 39, 11-13-23; Ord. No. 20240229-070, Pt. 1, 3-11-24.

(A)

Except as provided in Section 25-6-473 (Modification of Parking Requirement), a parking facility for a use must comply with the requirements in Section 25-6-471 (Off-Street Parking) and Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements), as applicable.

(B)

A parking facility must:

(1)

be maintained for the duration of the use or existence of the building requiring the facility; and

(2)

be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding one ton in capacity.

(C)

A parking facility requirement is based on gross floor area of a building or use served by the facility. For the purpose of calculating parking requirements, gross floor area does not include enclosed or covered areas used for off-street parking or loading, bicycle storage rooms or shower facilities.

(D)

The parking facility requirement for a general retail service use in a shopping center is based on the gross floor area of the entire shopping center, including portions not used for a general retail use. The parking requirement for a use in a shopping center other than a general retail service use is based on the rate for the use.

(E)

Except in the central business district (CBD) or a downtown mixed use (DMU) zoning district, an outdoor seating area for a restaurant (general) or a cocktail lounge use must be included with the gross floor area to determine the parking requirement.

(F)

If a calculation under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) results in a fractional requirement, a fraction of 0.5 or greater is rounded to the next larger whole number.

(G)

If a parking facility requirement is based on seating or capacity, occupancy is determined as prescribed in Chapter 25-12 (Uniform Building Code).

(H)

Head-in parking is prohibited in a townhouse and condominium residential (SF-6) or less restrictive zoning district.

Source: Sections 13-5-96(b), (e) and (h) and 13-5-97(a), (b), (c), (d) and (h); Ord. 990225-70; Ord. 031120-44; Ord. 031211-11; Ord. 20130523-104; Ord. No. 20231102-028, Pt. 40, 11-13-23.

(A)

The director may modify the number of queue spaces required by Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) and may establish queue space requirements for drive-in services not listed in Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements).

(B)

The director may reduce the parking space requirement for an existing developed site or for a site covered by a released, unexpired site plan on March 11, 1996, if the director determines that a reduction of the parking requirement is necessary to comply with the Americans With Disabilities Act accessibility standards or the Uniform Building Code accessibility standards.

(C)

The director may reduce a parking space requirement as needed to be consistent with the elimination of the minimum number of motor vehicle parking space requirements, except those related to accessible spaces.

Source: Section 13-5-97(f), (g) and (i); Ord. 990225-70; Ord. 031120-44; Ord. 031211-11; Ord. No. 20231102-028, Pt. 41, 11-13-23.

(A)

A site must have:

(1)

a parking facility that is accessible to a person with disabilities;

(2)

routes of travel that connect the accessible elements of the site; and

(3)

the number of accessible parking spaces required by the Uniform Building Code that is based on a calculation that uses 100 percent of the parking spaces previously required for the use under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements).

(B)

A minimum of one on-site accessible space is required on an accessible route. If no driveway is provided, a minimum of one on-street or off-site accessible space is required on an accessible route per Subsection 25-6-471(D)(2). Sites that do not have dedicated motor vehicle parking spaces and no driveway access to, from, or through the site are exempt from providing on-site accessible spaces.

(C)

A person may appeal the requirements of this section to the Board of Adjustment.

(D)

A variance granted under Subsection (C) applies only to the use for which the variance was granted and does not run with the land on which the use is located.

(E)

A variance granted under Subsection (C) must specify whether it includes bicycle parking and the amount of bicycle parking required. An applicant may also seek a waiver pursuant to Subsection (G) of Section 25-6-477 (Bicycle Parking) to waive bicycle parking.

Source: Section 13-5-101; Ord. 990225-70; Ord. 031120-44; Ord. 031211-11; Ord. 20130523-104; Ord. No. 20231102-028, Pt. 42, 11-13-23; Ord. No. 20240201-035, Pt. 2, 2-12-24.

(A)

The owner of a parking facility containing 12 or more parking spaces may reserve not more than 30 percent of the spaces for small or compact cars. Compact parking spaces must be located in groups of not less than three contiguous spaces and must be identified by directions and markings.

(B)

The owner of a developed property or a property with an approved site plan that is the subject of a right-of-way condemnation may reserve not more than 40 percent of the allowed parking spaces for compact parking spaces if the increase is necessary to replace parking spaces that are lost as a result of condemnation.

(C)

The owner of a developed property or property with a released unexpired site plan on March 11, 1996, may reserve not more than 40 percent of the allowed parking spaces for compact parking spaces if the director determines that the increase is necessary to comply with the accessibility standards of the Americans With Disabilities Act or the accessibility standards of the Uniform Building Code.

Source: Section 13-5-98; Ord. 990225-70; Ord. 031120-44; Ord. 031211-11.

(A)

The bicycle parking requirement for a site with more than one use or for adjacent sites served by a common parking facility is the cumulative total of spaces required for each site or use, unless otherwise provided by this section.

(B)

A person may request an adjustment to the bicycle parking requirement for separate uses located on one site or for separate uses located on adjoining or nearby sites and served by a common parking facility.

(C)

To apply for an adjustment under this section, an applicant must submit to the director a site plan and transportation engineering report addressing the following:

(1)

the characteristics of each use and the differences in projected peak parking demand, including days or hours of operation;

(2)

potential reduction in vehicle movements resulting from the multi-purpose use of the parking facility by employees, customers, or residents of the uses served;

(3)

potential improvements in parking facility design, circulation, and access resulting from a joint parking facility;

(4)

compliance with shared parking guidelines in the Transportation Criteria Manual; and

(5)

detail the amount of bicycle parking to be provided.

(D)

In determining whether to approve an adjustment under Subsection (B), the director shall consider the factors included in Subsection (C).

(E)

A decision of the director under this section may be appealed to the Land Use Commission. The decision of the Land Use Commission may be appealed to the city council.

(F)

A parking space subject to adjustment under this section must be located in a parking facility that provides similar use availability for all uses that the parking facility is intended to serve.

(G)

The director shall determine the type and number of bicycle spaces required for a mixed use development at the time that the director determines the bicycle parking requirement under this section, or at the time a request for an adjustment is made under this section.

Source: Sections 13-5-100 and 13-5-102(a)(2); Ord. 990225-70; Ord. 010607-8; Ord. 031120-44; Ord. 031211-11; Ord. 20130523-104; Ord. No. 20231102-028, Pt. 43, 11-13-23.

(A)

Off-street parking facilities for bicycles must be provided for each use on a site.

(B)

Any addition or enlargement of an existing building or use or any change of occupancy or operation shall require a proportional increase in bicycle parking adhering to the requirements of this section for the new use or expanded use or change in occupancy.

(C)

The number of bicycle parking spaces shall be determined based on the requirements in this subsection.

(1)

For Commercial Uses as described in Section 25-2-4 (Commercial Uses Described), a minimum of two bicycle parking spaces or 10 percent of the proposed motor vehicle parking spaces, whichever is greater.

(2)

For Multifamily Residential Use as described in Section 25-2-3(7), a minimum of five bicycle parking spaces or 10 percent of the proposed motor vehicle parking spaces, whichever is greater.

(3)

For Single-Family Use as described in Section 25-2-3(12) or Two-Family Residential Use as described in Section 25-2-3(15), no requirements.

(4)

For uses as described in Section 25-2-5 (Industrial uses Described), Section 25-2-6 (Civic Uses Described), and Section 25-2-7 (Agricultural Uses Described), a minimum of one bicycle parking space or 10 percent of the proposed motor vehicle parking spaces, whichever is greater.

(D)

A required bicycle space must comply with the requirements of the Transportation Criteria Manual.

(E)

The location of an off-street bicycle parking facility shall comply with the following requirements:

(1)

A minimum of 50 percent of all required bicycle parking shall be located within 50 feet of the principal building entrance which shall not be obscured from public view; and

(2)

The remaining required bicycle parking may be located as follows:

a.

in a secure location within 50 feet of other building entryways other than the principal building entrance;

b.

at employee only entrances;

c.

within a building; or

d.

in a covered motor vehicle parking facility within 50 feet of a street level entrance.

(3)

The closest bicycle parking facility must be no farther than the closest motor vehicle parking space, excluding accessible parking spaces.

(F)

A provision of this article that is applicable to off-street motor vehicle parking also applies to bicycle parking, unless the provision conflicts with this section.

(G)

The city manager may waive a requirement relating to the number or type of bicycle spaces or approve an alternate method of compliance after considering the characteristics of the use, the site, and the surrounding area. A waiver may not reduce the number of required bicycle spaces to less than two.

(H)

A site or development subject to Subsection 2.3.1.B.2. of Article 2 (Site Development Standards) of Subchapter E of City Code Chapter 25-2 that chooses to provide shower and changing facilities as an option under Table B (Additional Measures to Improve Connectivity) shall provide facilities as follows:

(1)

For buildings with less than 100,000 square feet of gross floor area, a minimum of two single-user shower-and-changing facilities.

(2)

For buildings with 100,000 or more square feet of gross floor area, a minimum of four single-user shower-and-changing facilities.

Source: Ord. 031120-44; Ord. 031211-11; Ord. 20060504-039; Ord. 20130523-104; Ord. No. 20231102-028, Pt. 44, 11-13-23; Ord. No. 20240201-035, Pt. 3, 2-12-24.

A parking facility, circulation area, or queue line constructed or substantially reconstructed after January 1, 1985, must comply with the design standards prescribed in Division 4 (Design and Construction Standards for Parking and Loading Facilities), the Transportation Criteria Manual, and the landscape standards prescribed in Chapter 25-2, Subchapter C, Article 9 (Landscaping).

Source: Ord. No. 20231102-028, Pt. 45, 11-13-23

Editor's note— Ord. No. 20231102-028, Pt. 45, effective November 13, 2023, repealed the former § 25-6-478, and enacted a new § 25-6-478 as set out herein. The former § 25-6-478 pertained to motor vehicle reductions general and derived from Ord. 031120-44; Ord. 031211-11; Ord. 040902-58; Ord. 20060831-068; Ord. 20130523-104; Ord. 20130829-105; Ord. No. 20141106-120, Pt. 1, 11-17-14.

Editor's note— Ord. No. 20231102-028, Pt. 46, effective November 13, 2023, repealed § 25-6-501, which pertained to off-site parking and derived from Sections 13-5-99 (a), (b), and (e) and 13-5-106(a); Ord. 990225-70; Ord. 990520-38; Ord. 010607-8; Ord. 031211-11; Ord. 20130411-061; Ord. 20131017-081.

Editor's note— Ord. No. 20231102-028, Pt. 47, effective November 13, 2023, repealed § 25-6-502, which pertained to application and approval and derived from Section 13-5-99 (a), (c), and (d); Ord. 990225-70; Ord. 031211-11; Ord. 20130411-061.

A person using off-site parking shall post:

(1)

at least one sign at the off-site parking facility indicating the property or use served by the facility; and

(2)

at least one sign on the site of the use served indicating the location of the off-site parking.

Source: Section 13-5-99(f); Ord. 990225-70; Ord. 031211-11.

(A)

A person must provide an off-street loading facility for:

(1)

a new building or for a new use established in an existing building; and

(2)

an addition or enlargement of an existing use or a change of occupancy or operation that results in an additional loading space being required;

(B)

For an off-street loading facility in use on March 1, 1984, a person may not:

(1)

reduce the capacity to less than the number of spaces prescribed by Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements); or

(2)

alter the design or function in a manner that violates Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements).

(C)

A loading facility constructed or substantially reconstructed after January 1, 1985, must comply with the design standards prescribed in Division 4 (Design And Construction Standards For Parking And Loading Facilities) and the Transportation Criteria Manual.

(D)

A required loading facility must:

(1)

be maintained for the duration of the use or existence of the building requiring the facility; and

(2)

be used exclusively for the purpose of loading and unloading goods, materials, and supplies.

Source: Section 13-5-103; Ord. 990225-70; Ord. 031211-11; Ord. No. 20231102-028, Pt. 48, 11-13-23.

(A)

A person must provide an off-street loading facility for each use in a building or on a site as prescribed in Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements).

(B)

Multiple uses or occupancies located in a single building or on one site may be served by a common loading space if the director determines that the loading space can adequately serve each use.

(C)

For a common loading space, described under Subsection (B), the director shall apply Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) to the combination of buildings and uses served by the loading space instead of to each individual building and use. The schedule applicable to the use with the greatest load requirement shall be used.

(D)

An off-street loading facility requirement is based on the gross floor area. The gross floor area does not include enclosed or covered areas used for off-street parking or loading.

(E)

In this section, each two square feet of exterior site area used for a commercial or industrial use equals one square foot enclosed floor area.

Source: Section 13-5-104; Ord. 990225-70; Ord. 031211-11; Ord. No. 20231102-028, Pt. 49, 11-13-23.

(A)

A parking or loading facility, circulation area, or queue line must comply with the design and construction standards in this section and in the Transportation Criteria Manual.

(B)

A parking and loading facility must be maintained free of refuse or debris and must be available for the off-street parking or loading use for which the facility is required.

Source: Section 13-5-105(a) and (f); Ord. 990225-70; Ord. 031211-11.

(A)

The surfacing, curbing, and drainage improvements on a parking or loading facility must provide adequate drainage and prevent the free flow of water to an adjacent property or public street or alley.

(B)

A light installed to illuminate a parking facility or paved area must be designed to reflect away from a residential use to the maximum extent practicable.

(C)

An area used for primary circulation, frequent idling of vehicle engines, or loading activity must be designed and located to minimize the effect on an adjoining property, including the use for screening or sound baffling.

Source: Section 13-5-105(b), (c), and (e); Ord. 990225-70; Ord. 031211-11.

(A)

A parking facility that is in a nonresidential district parking facility and that adjoins a residential district must be separated from the residential district by a wall or fence to screen the residential district from car lights and vehicle storage and movement. The wall or fence must be at least four feet in height and must be located on the common boundary between the parking facility and the residential district for the length of the common boundary.

(B)

A parking facility containing more than 10 spaces and that is in a residential district that adjoins another property in a residential district must be separated from the adjoining property by a wall, fence, or landscape to screen the residential district from car lights and vehicle storage and movement. The wall, fence or landscape must be at least six feet in height and must be located on the common boundary between the parking facility and the adjoining property for the length of the common boundary.

(C)

A screen prescribed under Subsection (A) or (B) must be located on the property line unless:

(1)

existing vegetation will be harmed if the screen is placed on the property line; or

(2)

placement of the screen on the property line would interfere with an existing drainage feature or utility.

(D)

If a person places screening on the property other than on the property line, the person must provide lot line monuments along the property line.

(E)

The director may waive a screening requirement prescribed by Subsection (A) or (B) if:

(1)

the director determines that extraordinary conditions exist as defined in the Environmental Criteria Manual; or

(2)

the property owner who benefits from the screening submits a written statement to the director that the owner would prefer that screening not be provided.

(F)

The director or the Land Use Commission may modify a design and construction requirement of this division for a site subject to site plan review if the director or Land Use Commission determines that the modified requirement improves the esthetics or utility of the design or provides protection to an adjoining use in a manner equal to or greater than the specific requirements of this division.

Source: Section 13-5-105; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The requirements of this section apply to the:

(1)

central business district (CBD);

(2)

downtown mixed use (DMU) zoning district;

(3)

public (P) zoning district within the area bounded by Martin Luther King, Jr., Boulevard; IH-35; Lady Bird Lake; and Lamar Boulevard; and

(4)

university neighborhood overlay (UNO) district.

(B)

Off-street motor vehicle parking is not required within the central business district (CBD) or downtown mixed use (DMU) zoning districts except as provided by this subsection. For purposes of this subsection, off-street parking includes any parking that is designated to serve a use and is not located in a public right-of-way, regardless of whether the parking is onsite or offsite.

Editor's note—Amendments to division (B) of this section made by Ord. 20130523-104 did not take into account amendments previously made by Ord. 20130411-061. The amendments enacted by Ord. 20130523-104 have therefore been made only to other parts of the section that do not conflict with Ord. 20130411-061. Future legislation will correct the text if needed.

(1)

If off-street parking is provided, it must include parking for persons with disabilities as required by the Building Code and may not include fewer accessible spaces than would be required under Paragraph (2)(a) of this subsection.

(2)

Except for a use occupying a designated historic landmark or an existing building in a designated historic district, off-street motor vehicle parking for persons with disabilities must be provided for a use that occupies 6,000 square feet or more of floor space under the requirements of this paragraph.

(a)

The following requirements apply if no parking is provided for a use, other than parking for persons with disabilities:

(i)

the minimum number of accessible parking spaces is calculated by taking 100 percent of the parking previously required for the use under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) and using that result to determine the number of accessible spaces required under the Building Code. The accessible spaces may be provided on- or off-site, within 250 feet of the use and must be on an accessible route.

(ii)

The director may waive or reduce the number of accessible spaces required under Paragraph (2)(a)(i) if the applicant pays a fee in-lieu to be used by the city to construct and maintain accessible parking in the vicinity of the use. The availability of this option is contingent on the establishment of a fee by separate ordinance and the adoption of a program by the director to administer the fee and establish eligibility criteria. A decision by the director that a use is ineligible for a fee in-lieu is final.

(iii)

The director may waive or reduce the number of accessible spaces required if no accessible spaces can be provided consistent with the requirements of Paragraph (2)(a)(i) and the use is ineligible for participation in the fee in-lieu program under Paragraph (2)(a)(ii).

(iv)

An off-site or on-street parking space designated for persons with disabilities that is located within 250 feet of a use may be counted towards the number of parking spaces the use is required to provide under Paragraph (2)(a)(i).

(b)

If any off-street parking is provided for a use, other than parking for persons with disabilities, then the use is subject to the requirements in Paragraph (1).

(3)

Except as provided in Subsections (C) and (F), the maximum motor vehicle parking facility allowed is 60 percent of the number of motor vehicle parking spaces previously required by Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements).

(4)

Except as provided in Subsections (C) and (D) of this section, a parking garage must be separated from an adjacent street by a pedestrian-oriented use described in Section 25-2-691 (Waterfront Overlay (WO) District Uses) that fronts on the street at the ground level.

(5)

A curb cut for a garage access must have a width of 30 feet or less.

(6)

At the intersection of sidewalk and parking access lane, ten degree cones of vision are required.

(C)

The maximum number of parking spaces allowed under Subsection (B)(3) of this section may be increased at the request of an applicant under the requirements of this subsection.

(1)

The director shall approve an increase if all parking spaces are contained in a parking structure and the total number of spaces is less than 110 percent of the spaces calculated under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements).

(2)

Only if bicycle parking is also increased proportionately.

(D)

The Land Use Commission may waive the requirement of Subsection (B)(5) of this section during the site plan review process after determining that:

(1)

present and anticipated development in the area is not amenable to access by pedestrians;

(2)

the requirement does not allow a reasonable use of the property; or

(3)

other circumstances attributable to the property make compliance impractical.

(E)

If a waiver is granted under Subsection (D), an area for which the requirement is waived must be screened.

(F)

This subsection applies to property zoned CBD and DMU.

(1)

Except as otherwise provided in this subsection, the maximum number of motor vehicle parking spaces allowed is 40 percent of the number of motor vehicle parking spaces formerly required by Appendix A (Tables of Off-Street Parking and Loading Requirements).

(2)

A development that is les than 10,000 square feet in floor area or containing 70 or fewer residential units can include up to 60 percent of motor vehicle parking spaces formerly required by Appendix A (Tables of Off-Street Parking and Loading Requirements).

(3)

The maximum number of motor vehicle parking spaces allowed is 80 percent of the number of motor vehicle parking spaces formerly required by Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) if:

(a)

all parking spaces are contained in a parking structure;

(b)

the director finds that allowing additional parking spaces does not impact public health, safety, or welfare or undermine established planning policies for the area; and

(c)

one of the following:

(i)

the parking is a shared parking facility, and the site plan includes a note that identifies the shared parking facility as a condition of approval;

(ii)

the parking is rented or sold separately from the building space, and the site plan includes a note that identifies the separate rental or sale of the parking spaces as a condition of approval;

(iii)

the parking is designed and constructed for conversion to usable building space in the future, and the site plan includes a note that identifies the ability to convert the parking to usable building space as a condition of approval;

(iv)

the parking is included in an underground parking structure; or

(v)

the applicant pays a mitigation fee established by separate ordinance.

(4)

In addition to the number of motor vehicle parking spaces allowed under Subdivision (3), the number of motor vehicle parking spaces can be increased up to 20 percent of the number of spaces formerly required by Appendix A (Tables of Off-Street Loading requirements and Former Off-Street Parking Requirements) for a maximum of 100 percent, if the additional parking spaces are included in an underground parking structure.

(5)

A mitigation fee collected in Subdivision (3) is to be used for multimodal improvements within the area bounded by Martin Luther King, Jr., Boulevard; IH-35; Lady Bird Lake; and Lamar Boulevard.

Source: Section 13-5-106 (a) and (b); Ord. 990225-70; Ord. 990603-108; Ord. 010607-8; Ord. 031120-44; Ord. 031211-11; Ord. 20111006-079; Ord. 20130411-061; Ord. 20130523-104; Ord. 20130829-105; Ord. No. 20191114-067, Pt. 6, 11-25-19; Ord. No. 20231102-028, Pt. 50, 11-13-23; Ord. No. 20240201-035, Pt. 4, 2-21-24; Ord. No. 20240530-137, Pt. 1, 6-10-24.

(A)

This section applies to a site zoned central business district (CBD) or downtown mixed use (DMU), and public (P) zoning district within the area bounded by Martin Luther King, Jr., Boulevard; IH-35; Lady Bird Lake; and Lamar Boulevard, except for:

(1)

a building with a gross floor area of not more than 10,000 square feet; or

(2)

the renovation of an existing structure, if the director determines that there is not enough space on the site to comply with the requirements of this section.

(B)

The following must be located on-site in accordance with this section:

(1)

a trash receptacle location; and

(2)

an off-street loading facility.

(C)

For a site that is adjacent to an alley:

(1)

the off-street loading facility and trash receptacle location must be accessible from the alley; and

(2)

the use of the alley for loading or unloading is a permitted use.

(D)

For a site that is not adjacent to an alley:

(1)

a curb cut for an off-street loading facility or trash receptacle location may not exceed 30 feet in width;

(2)

a vehicle may not use a public right-of-way to back into or out of an off-street loading facility or trash receptacle location; and

(3)

the off-street loading facility and trash receptacle location:

(a)

must be accessible from a street other than Congress Avenue or Sixth Street;

(b)

may not be visible from a street, except at a curb cut; and

(c)

must be at least 30 feet deep, measured from the front setback line or side setback line as applicable.

(E)

The Land Use Commission may waive a requirement of Subsection (C) or (D) after determining that:

(1)

waiving the requirement does not create a hazard to pedestrians or vehicles; and

(2)

for a waiver of Subsection (D)(3)(b), the applicant has reduced the visibility of the off-street loading facility and trash location to the greatest extent possible.

(F)

The minimum number of loading spaces for development in the CBD or a DMU zoning district is listed on the schedule at the end of Section 25-6-592 (Loading Facility Provisions for the Central Business District (CBD) and a Downtown Mixed Use (DMU) and Public (P) Zoning Districts). For civic uses, the number of loading spaces required shall be determined by the Director. For all other uses not listed in the table contained at the end of Section 25-6-592, the requirements of Appendix A, Part 1 apply.

(G)

Multiple uses or occupancies located in a single building or on one site may be served by a common loading space, if the Director determines that the loading space can adequately serve each use.

(H)

The Director may modify the number and size of spaces required after reviewing documentation provided by the applicant concerning the demand for loading facilities for similar developments.

SCHEDULE OF OFF-STREET LOADING REQUIREMENTS FOR CENTRAL AUSTIN

Source: Section 13-5-106(c); Ord. 990225-70; Ord. 990603-108; Ord. 010607-8; Ord. 031211-11; Ord. 20130411-061; Ord. 20130926-082.

Editor's note— Ord. No. 20231102-028, § 51, effective November 13, 2023, repealed § 25-6-593, which pertained to provisions for property in the Central Urban Redevelopment (CURE) Combining District Area and derived from Section 13-5-106(d); Ord. 990225-70; Ord. 001130-110; Ord. 031211-11; Ord. 041202-16; Ord. No. 20180322-096, Pt. 2, 4-2-18.

(A)

This division applies to a petition by a proposed road utility district for approval or modification of a preliminary plan for a road facility that the district intends to convey to the City or to a county in the City's extraterritorial jurisdiction.

(B)

A road utility district under Subsection (A) is a district created under Article III, Section 52 of the Texas Constitution and Chapter 441 of the Transportation Code.

Source: Section 13-1-381 and 13-1-383; Ord. 990225-70; Ord. 031211-11.

(A)

An applicant shall notify the city manager, in writing, of the applicant's intent to file a petition at least 30 days before filing the petition with the City. If an applicant intends to convey facilities to a county rather than to the City, the applicant shall notify the city manager, in writing, at least 30 days before filing the petition with the county. Notice under this section is effective on receipt by the city manager.

(B)

If the applicant intends to convey facilities to a county rather than to the City, the applicant must submit the information required by the Administrative Criteria Manual along with the notice filed under Subsection (A).

(C)

The city manager shall schedule a meeting with the applicant, City staff, and representatives of the county in which the road utility district will be established to discuss the applicant's preliminary plan and the City's requirements for approval. The meeting may not be scheduled for a date later than the 10th day after the city manager receives notification under Subsection (A).

(D)

Except as otherwise determined by the city manager, the City shall not accept the petition before the 31st day after receiving notice of the applicant's intent to file a petition.

Source: Section 13-1-384; Ord. 990225-70; Ord. 031211-11.

(A)

The applicant shall file with the city manager a petition and the additional documents required by the Administrative Criteria Manual.

(B)

The statutory review period established by state law begins when the city manager determines that an application is complete.

Source: Section 13-1-385; Ord. 990225-70; Ord. 031211-11.

(A)

The council may approve a petition filed under Section 25-6-623 (Contents Of Petition) if:

(1)

the preliminary plan is consistent with the Transportation Plan;

(2)

the preliminary plan includes only arterials that are designated in the Transportation Plan before the application is filed;

(3)

proposed road construction and improvements comply with City requirements for roadways and drainage;

(4)

the construction and improvement of roadways comply with the general land use plan for the proposed road utility district that is consistent with the Comprehensive Plan and this title;

(5)

the roadway project complies with the City's policies relating to archaeological site preservation, watershed protection, and other environmental policies in the Comprehensive Plan and this title;

(6)

a preliminary plan demonstrates the applicant's financial ability to complete construction of a proposed roadway; and

(7)

if a preliminary plan proposes to convey an existing roadway or roadway under construction to the City, the plan demonstrates that the roadway will be subject to construction plan review and inspection by the City during construction.

(B)

At or before the time an application is filed, property owners in a proposed road utility district must:

(1)

petition the City for limited or full purpose annexation, at the City's option, if the road utility district adjoins the City boundary; or

(2)

if the road utility district is in the City's two mile extraterritorial jurisdiction at the time of application, agree to petition for annexation at the time the road utility district becomes contiguous to the City boundary;

Source: Section 13-1-380; Ord. 990225-70; Ord. 031211-11.

(A)

The city manager shall forward a copy of the petition to appropriate departments and to the:

(1)

Urban Transportation Commission;

(2)

Environmental Board; and

(3)

Planning Commission.

(B)

A department that receives a copy of a petition from the city manager shall submit a report on the petition to the city manager not later than the 30th day after the date the petition is filed with the City.

(C)

Each board and commission identified in Subsection (A) shall review the petition and provide a recommendation on the petition to the city manager.

(D)

After receiving recommendations from the boards and commissions, the city manager shall request the council to set a public hearing to consider the petition.

(E)

The council shall set the public hearing during a regularly scheduled meeting of the council.

Source: Section 13-1-386; Ord. 990225-70; Ord. 031211-11.

The council shall approve or deny a petition before the expiration of the statutory review period. council's approval of a petition is conditioned on execution of a consent agreement by the City and by the petitioner as representative of each owner of property in the proposed road utility district. The consent agreement must require the road utility district to submit to the city manager, after creation, a list of directors and an annual report of road utility district activities.

Source: Section 13-1-387; Ord. 990225-70; Ord. 031211-11.

(A)

A petition for annexation of land by a road utility district and a petition to construct or improve a roadway facility outside of the road utility district is subject to the review procedure established by this division.

(B)

Except as provided in Subsection (C), a petition described under Subsection (A) is subject to the criteria in Section 25-6-624 (Conditions For Approval).

(C)

The council may shorten the time period for consideration of a petition.

Source: Section 13-1-388; Ord. 990225-70; Ord. 031211-11.

(A)

If the City approves a preliminary plan and agrees to accept the conveyance of facilities after construction, the road utility district shall submit construction plans conforming to the requirements in the Administrative Criteria Manual to the director for review at least 45 days before construction begins.

(B)

The director shall schedule a meeting between City staff members and road utility district representatives not later than the 15th day after receipt of the construction plans to discuss the proposed construction plans and requirements for City approval.

Source: Section 13-1-388.1 and 13-1-389; Ord. 990225-70; Ord. 031211-11.

(A)

Before constructing a facility that is financed by bonds issued under Article III, Section 52 of the Texas Constitution or other state law, the road utility district shall submit construction plans to the director for approval.

(B)

The director shall provide the road utility district with written comments that assess the degree to which the plans comply with the requirements of this article.

(C)

The road utility district shall make the corrections as requested by the director and shall submit four sets of revised plans for review by the director.

(D)

The director shall approve the plans if the plans comply with the City specifications.

Source: Section 13-1-390; Ord. 990225-70; Ord. 031211-11.

(A)

After approval of construction plans, but before commencement of construction, representatives of the road utility district shall meet with the city manager to discuss inspection by the City during the construction process.

(B)

City employees shall make periodic visits to the construction site to observe the progress and quality of the work and to determine if that the work is proceeding according to the plans and specifications. The city manager may review all laboratory, shop, and mill tests of materials conducted by the road utility district.

(C)

If the work does not comply with the construction plans, the city manager shall give notice of the failure to comply to the road utility district. The city manager may give notice that approval of the construction plans may be suspended and appropriate enforcement actions taken unless the work is brought into compliance within a specific period.

(D)

The road utility district shall retain the services of a firm experienced in construction inspection and quality control. The city manager must approve the scope of services to be performed by the firm.

(E)

The scope of services must:

(1)

include at least one qualified resident construction inspector;

(2)

require quality control testing of materials and installations that meets the minimum requirements for sampling and testing established by the Texas Department of Transportation; and

(3)

require that quality control testing include job control tests and record tests.

Source: Section 13-1-391; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20060504-039.

The road utility district shall give written notice to the City of its intent to convey a completed facility. The notice shall be given not later than the 10th day before the date of a public hearing before the road utility district board of directors, to determine if the facility is completed as specified in the road utility district's approved plan.

Source: Section 13-1-392; Ord. 990225-70; Ord. 031211-11.

(A)

The city manager shall represent the City before the Texas Transportation Commission in all proceedings authorized or required by applicable state law.

(B)

The city manager shall represent the City in proceedings before the road utility district related to conveying facilities by the road utility district.

Source: Section 13-1-382; Ord. 990225-70; Ord. 031211-11.

(A)

An applicant may request to pay a fee instead of installing bicycle parking by filing a written request at the time the person submits a permit application in the manner prescribed by the director. An applicant who has not filed a request at the time of application, may later amend the application to request to pay the fee instead of installing a bicycle parking.

(B)

Fund use and administration. The Bicycle Parking Fund is collected and administered by the Public Works Department - Neighborhood Connectivity Division. The funds collected will be used to install bicycle parking and associated improvements in the right-of-way in the same service area as the subject property in the application. The service area boundaries shall be determined by the Planning and Development Review Department.

(C)

For bicycle parking required under Section 25-6-477 (Bicycle Parking), the director shall approve payment of a fee instead of installation of a bicycle parking space if the director determines that:

(1)

on the date the property was subdivided, the land development regulations did not include a bicycle parking requirement; and

(2)

there is not sufficient area on or in the premises to accommodate the minimum required bicycle parking; and

(3)

more than 50 percent of the block face on which the property is located has available space for bicycle parking.

(D)

The director may approve payment of a fee instead of installation of bicycle parking if the director determines that installation is impractical because:

(1)

installation of the bicycle parking would require the removal of a protected tree or other major obstruction within the right-of-way; or

(2)

other unusual circumstances make the bicycle parking installation requirement unreasonable or inappropriate.

(E)

The amount of the fee is the current bicycle parking materials and installation cost and will be determined by Administrative Rule.

(F)

A fee paid under this section must be used to install bicycle parking in the same service area, as established by the Administrative Rules.

(G)

The City may refund the fee to the applicant if it is not spent or allocated for a specific project within 10 years of the date of its collection.

Source: Ord. 20130523-104.

This article applies to development within the corporate boundaries of the City.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

In this article:

(1)

ASSESSMENT means amount of the maximum street impact fee per service unit imposed on new development.

(2)

CAPITAL IMPROVEMENT means a roadway facility with a life expectancy of at least three years, to be owned and operated by or on behalf of the City including a newly constructed roadway facility or the expansion of an existing roadway facility necessary to new development.

(3)

DEVELOPMENT UNIT is a measure of each land use used to determine number of service units. The development unit is identified in the Land-Use, Vehicle-Mile Equivalency Table.

(4)

FINAL PLAT APPROVAL means when the plat has been released by the City for filing with the County. This term applies to both original plats and replats.

(5)

LAND USE ASSUMPTIONS mean a description of the service areas and the projections of population and employment growth and associated changes in land uses, densities, and intensities adopted by the City.

(6)

LAND USE, VEHICLE-MILE EQUIVALENCY TABLE or LUVMET means the table set forth in the street impact fee study that provides the standardized measure of use of roadway facilities attributable to a new development, in terms of vehicle miles per development unit.

(7)

INSIDE LOOP SERVICE AREAS means those service areas located within the highway boundaries of SH 71, US 183 and SL 360.

(8)

MAXIMUM STREET IMPACT FEE means the street impact fee that is established for each service area. The maximum assessable street impact fee shall be established and reflected in the street impact fee study.

(9)

NEW DEVELOPMENT means a project which requires either the approval of a plat or the issuance of a building permit.

(10)

OFFSET means the amount of the reduction of a street impact fee to reflect the value of any construction of or contributions to a system facility, or dedications of an offsite system facility, and which are identified on or eligible for inclusion in the roadway capacity plan.

(11)

OUTSIDE LOOP SERVICE AREAS means those service areas located outside the highway boundaries of SH 71, US 183 and SL 360.

(12)

RECOUP means to reimburse the City for capital improvements which the City has previously installed or caused to be installed.

(13)

ROADWAY CAPACITY PLAN or RCP means the capital improvements or roadway facility expansions and associated costs for each service area that are necessitated by and which are attributable to new development within the service area, for up to ten years.

(14)

ROADWAY FACILITY means an improvement or appurtenance to a street.

(15)

SERVICE AREA means the geographic area within the City's corporate limits and within the geographic area street impact fees for capital improvements will be collected for new development.

(16)

SERVICE UNIT means one vehicle mile of travel in the afternoon peak hour of traffic.

(17)

SITE RELATED FACILITY means a site improvement, as defined in Section 25-6-1 (Definitions).

(18)

STREET IMPACT FEE means a fee, charge, or assessment for roadway facilities imposed on new development by the City to recoup all or part of the costs of capital improvements or facility expansion necessitated by and attributable to such new development.

(19)

STREET IMPACT FEE STUDY means the study that includes the land use assumptions, designation of street impact fee services areas, roadway capacity plan, the vehicle-mile equivalency table, and the computation of maximum street impact fees per service unit for each service area.

(20)

SYSTEM FACILITY means a system improvement, as defined in Section 25-6-1 (Definitions).

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

The street impact fee study shall be adopted by separate ordinance.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

The city manager shall establish accounting controls to ensure compliance with Section 395.024 of the Texas Local Government Code.

(B)

The city manager shall establish separate interest-bearing accounts for street impact fees collected for each street impact fee service area.

(C)

Funds may be disbursed as reasonably necessary to carry out the purposes of this article within a reasonable period, but not to exceed 10 years from the date the street impact fee is deposited into the account.

(D)

The city manager will keep financial records for street impact fees showing the source and disbursement of all street impact fees collected in or expended from each service area.

(E)

The street impact fees collected may be used to:

(1)

finance, pay for, or recoup the costs of any roadway facility identified in the roadway capacity plan for the service area;

(2)

pay for the contract services of an independent qualified engineer or financial consultant; or

(3)

pay the principal sum and interest and other finance costs on bonds, notes, or other obligations issued by or on behalf of the City to finance such capital improvements.

(F)

After ten years have passed from the date of payment of a street impact fee, the record owner of the property or governmental entity that paid the original street impact fee may apply for a proportional refund of any street impact fees that have not been expended within the service area within such period. Street impact fees shall be considered expended on a first in, first out basis. The application for a refund must be submitted to the City within 60 days after the expiration of the ten-year period. The refund shall include interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Texas Finance Code Section 302.002, or its successor statute.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

The city manager shall collect the street impact fee on new development in accordance with this article and Chapter 395 of the Texas Local Government Code.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

Assessment of the street impact fee for any new development shall occur:

(1)

on December 21, 2020, if the final plat approval occurred before December 21, 2020;

(2)

at the time of final plat approval if the development has not received plat approval; or

(3)

at the time an application is submitted for a building permit for development that is exempted from platting under Section 25-4-2 (Exemption from Platting Requirements).

(B)

For a development that has been assessed a street impact fee under Section 25-6-662(A)(1), the street impact fee shall be reassessed if the owner submits a new application for plat approval.

(C)

An application for an amended plat shall not be subject to reassessment for an impact fee.

(D)

All assessments of street impact fees shall be the amount of the maximum street impact fee per service unit as set forth in adopted street impact fee study in effect.

(E)

The amount of the maximum street impact fee for a new development, less any applicable percentage reduction in fees attributable to internal recapture, transit proximity, or parking management techniques under Section 25-6-667 (Mobility Related Reductions), may be considered by the director's designated engineer as an appropriate measure of the new development's demand for roadway system facilities under Section 25-6-23 (Proportionality of Required Infrastructure). The amount of street impact fees assessed may be used in evaluating any claim by an applicant that the infrastructure improvements required in conjunction with approval of the development application are not roughly proportionate to the proposed development. To the extent that the street impact fee collected from a new development is less than the maximum impact fee per service unit, except for reductions under Section 25-6-667 (Mobility Related Reductions), such difference hereby is declared to be founded on policies unrelated to measurement of the impacts of the new development on the City's roadway system.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

The amount of the street impact fee to be assessed for each service unit and the amount of the street impact fee to be collected for each service unit shall be set by separate ordinance. The street impact fee to be collected may be increased by ordinance prior to the next scheduled street impact fee update without amending the street impact fee study, provided that the impact fee to be collected does not exceed the street impact fee that was assessed.

(B)

A street impact fee shall be collected at the time of the issuance of a building permit.

(C)

The city manager may enter into an agreement with a developer for a different time and manner of payment of street impact fees.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

The City shall compute the amount of street impact fees to be paid and collected for new development in the following manner:

(1)

Determine the number of development units for each land use category using the LUVMET then in effect.

(2)

Multiply the number of development units for each land use category in the new development by the service unit for each corresponding land use category in the LUVMET to determine the number of service units attributable to the new development.

(3)

Multiply the number of service units for the new development by the street impact fee per service unit to be collected for the applicable service area and applicable land use.

(B)

If an agreement as described in City Code Section 25-6-669 (Offsets Against Street Impact Fees) providing for offsets exists, the amount of the offsets shall be deducted from the street impact fees as calculated above.

(C)

If the applicant proposes to increase the number of service units for a development that has already paid a street impact fee, the additional street impact fees collected for such new service units shall be determined by using the LUVMET.

(D)

Any additional street impact fees shall be measured by the increase in the number of service units proposed from the number of service units from the preceding land use within the last five years.

(E)

If a building permit application is for a speculative building, the amount of the street impact fee shall be calculated assuming that the entire building will be used as either "General Office", "Light Industrial", or "Shopping Center" as shown in the LUVMET. When a subsequent application for a building permit is submitted, an additional street impact fee shall be calculated if the proposed use results in an increase of service units.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

If an equivalent land use is not found in the LUVMET for the proposed development, an applicant may submit an alternative service unit computation, based upon a trip generation study as defined by the Institute of Transportation Engineers. The director may use the alternative service unit computation to calculate the street impact fee.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

The City may reduce the amount of street impact fees assessed if the new development qualifies for and the applicant requests a reduction under Section 25-6-667 (Mobility Related Reductions) or 25-6-668 (Affordability Related Reductions). The burden of qualifying for a reduction is on the applicant.

(B)

New development that qualifies for the maximum reduction under each provision may reduce the amount of street impact fees due up to one hundred percent.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

For new developments with an accepted transportation analysis demonstrating that the internal capture will reduce the number of trips from the trip counts calculated from the adopted LUVMET, the amount of street impact fees shall be reduced according to the following table:

(B)

The amount of street impact fees may be reduced by up to the maximums shown in the table below for any new development that utilizes an accepted transportation demand management plan per the Transportation Criteria Manual.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

An applicant who complies with the requirements of this section may request a 100 percent reduction of the street impact fee for all service units that meet the requirements in Subsection (B).

(B)

To be eligible for a reduction under this section, affordable housing must be a housing unit located within the corporate limits of the City that is:

(1)

approved for local, state, or federal funding for affordable housing as verified by the director of the Housing and Planning Department; or

(2)

certified by the director of the Housing and Planning Department under another affordable housing program of City Code that meets the requirements of this section.

(C)

To retain a reduction under this section, a unit of affordable housing must comply with the requirements of this subsection.

(1)

A rental unit must be available for occupancy for a period of not less than 40 years by an occupant whose gross household income does not exceed 60 percent of the median family income for the Austin Metropolitan Statistical Area.

(2)

An owner-occupied unit must be available for occupancy for a period of not less than 99 years by an occupant whose gross household income does not exceed 80 percent of the median family income for the Austin Metropolitan Statistical Area.

(3)

An affordability period prescribed by this subsection begins on the date that an affordable unit is available for occupancy.

(D)

An applicant who requests a reduction under this section must submit an application to the director of the Housing and Planning Department demonstrating compliance.

(E)

If the director of the Housing and Planning Department certifies that a proposed development meets the requirements of this division, the accountable official is authorized to process a development application.

(F)

Before the director of the Housing and Planning Department may certify that a proposed development meets the requirements of this section, the applicant shall execute:

(1)

an agreement to preserve the minimum affordability period and related requirements imposed by this division; and

(2)

a document for recording in the real property records that provides notice of or preserves the minimum affordability requirements imposed by this division.

(3)

The form of the documents described in this section must be approved by the city attorney.

(G)

If an applicant who receives a reduction under this section does not comply with Subsection (B), defaults on its obligations under documents executed under Subsection (C), or does not perform in accordance with the conditions for receipt of the reduction, the City may initiate legal proceedings to recover the street impact fees that would have applied to the housing unit and damages.

(H)

A reduction under this section may not be assigned or transferred by the applicant to another property.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

The City may offset the improvements or funding for construction of any system facility included on the roadway capacity plan that is required or agreed to by the City under this section and administrative guidelines.

(1)

The roadway facility shall be associated with the plat or other detailed plan of development for the property that is to be served by the roadway facility.

(2)

No offset shall be given for the dedication, funding, or construction of site-related facilities.

(3)

No offset shall be given for a roadway facility which is not identified within the roadway capacity plan unless the system facility qualifies for inclusion on the roadway capacity plan and is incorporated within an allocation agreement with the City under Subsection (D).

(4)

The value of any offset for a system facility shall be reduced by the City's cost participation in the construction or funding of such facility.

(5)

If the amount of the offsets for a new development exceeds the total amount of street impact fees due for the development, the remaining amount of the offsets may not be transferred or assigned to other new developments for which street impact fees are due, nor is the City responsible for reimbursing the property owner for such remaining amount, unless an allocation agreement under Subsection (D) expressly so provides.

(B)

No offsets shall be granted for the onsite dedication of rights-of-way or easements required by this chapter. Onsite dedication of rights-of-way or easements for roadway system facilities may be considered in determining the development's share of roadway infrastructure improvement costs under Section 25-6-23 (Proportionality of Required Infrastructure).

(C)

Construction of capital improvements must be completed and accepted by the City in order to qualify as an offset with the following limitations:

(1)

Construction completed and accepted before December 21, 2020, will only qualify as an offset until December 21, 2030.

(2)

Construction that begins after December 21, 2020, will qualify as an offset for ten years from the date the improvement is completed and accepted by the City unless the applicant is granted an extension.

(D)

Before street impact fees can be reduced by offsets authorized under this section, the owner of the property shall enter into an agreement with the City determining the allocation of the offsets. Unless the allocation agreement specifies otherwise, an offset associated with a plat shall be applied when the first building permit is submitted and to each subsequent building permit application to reduce street impact fees due until the amount associated with the offset is exhausted.

(E)

Master planned projects, including subdivisions containing multiple phases, whether approved before or after the effective date of the street impact fee regulations, may apply for offsets against street impact fees for the entire project based upon improvements or funds toward construction of system facilities. For projects where development has already occurred, the amount of any offset shall be reduced by the value attributable to any service units for which a building permit has been issued prior to one year from the effective date of this article. Offsets shall be spent within the same service area using a methodology approved by the City and incorporated within an agreement under Subsection (D).

(F)

For new development that consists of multiple phases, the City may require that total offsets be proportionally allocated among phases within the new development.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.

(A)

The property owner or applicant for a new development may appeal the following administrative decisions to the Land Use Commission:

(1)

The applicability of a street impact fee to the development;

(2)

The amount of the street impact fee due;

(3)

The availability of, the amount of, or the expiration of an offset;

(4)

The application of an offset against a street impact fee due;

(5)

The amount of a refund due, if any; or

(6)

The availability of a reduction against the collection of street impact fees.

(B)

Before a public hearing is scheduled for Land Use Commission consideration, the property owner or applicant must meet with the director to discuss and attempt to resolve the issues raised by an appeal of an administrative decision.

(C)

The property owner or applicant may appeal a Land Use Commission action on an administrative decision to Council.

Source: Ord. No. 20201210-062, Pt. 2, 12-21-20.